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To: txrangerette
He didn't settle anything if it went to a jury. He went for broke.
126 posted on 10/30/2003 3:47:28 PM PST by lady lawyer
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To: lady lawyer
I don't believe this ever went that far (jury)
128 posted on 10/30/2003 4:02:54 PM PST by kodani69
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To: lady lawyer
This did not go to a jury. It was settled.
135 posted on 10/30/2003 4:14:58 PM PST by kodani69
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To: lady lawyer
I didn't mean settle out of court.
I meant he went only so far in
defending himself, not so far as
to make MS the defendant, in a
sense. Expected to lose...cut his
losses...moved on. Coulda had some
reason for no OCS. Did a limited
defense. MS no prior abuse record.
136 posted on 10/30/2003 4:16:38 PM PST by txrangerette
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To: lady lawyer
Without reading the trial transcripts, we're all just speculating. I would speculate that it was Schiavo's attorneys who demanded a jury trial. No way would the defense attorneys want the Schindlers, Michael and Terri to be in front of a jury. It's hard to imagine more sympathetic witnesses. The jury would see a very young, physically beautiful woman in a severely brain damaged state, possibly brought into the courtroom in a wheelchair. They would see a young, devoted husband who wants to become a nurse so he can bring Terri home and spend the rest of his life caring for her every need. At the time of the trial, I would guess that Terri's parents did everything within their power to make sure Terri got the maximum possible award for her rehabilitation and care. That would've included testifying about the loving, made-in-heaven marriage between Terri and Michael.

I'm not a lawyer, but I think the defendants would've been committing legal suicide to even suggest to a jury that the tragedy that befell Terri, her husband, and her devoted family had anything to do with spousal abuse.

I've read interviews with the Schindlers, their attorney, and Terri's friends all saying there is no proof she had an eating disorder. They seem to admit there's some possibility of that, but it isn't a certainty. The malpractice defendants had to have some legal theory about Terri's contributory negligence, or they would've been libel for up to $20 million. There had to be some reason given as to why this seemingly healthy and very young woman's heart suddenly stopped beating. Since Shiavo's attorneys sued on the basis of the undiagnosed potassium imbalance, that's what the defense had to prove they didn't cause. Terri had lost nearly 80 pounds since her marriage and was going to a gyno for diagnosis/treatment of missed menstrual periods, both possible symptoms of an eating disorder. Michael and the Schindlers were unable to testify that Terri did not have an eating disorder. This seems like the best winning argument the defendants could've proferred.

It would've been a very different case if Michael Schiavo had been the target of a criminal investigation. According to what we've read here and there, the ER staff where Terri was taken that night was suspicious enough to call law enforcement. The police questioned Terri's father about Michael, and Terri's father said there was no reason to suspect foul play. Under the circumstances, with a wife and daughter fighting for her life in an ICU, I think many law enforcement agencies would've just closed the book, quietly walked away, and given the family their privacy at such a painful time.

138 posted on 10/30/2003 4:41:32 PM PST by lonevoice (Legal disclaimer: The above is MY OPINION)
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